It is a 20-year treaty governing trade and economic relations between the EU and 79 countries in Africa, the Caribbean and the Pacific (ACP) Signed in February 2000, it united over 100 countries (EU member states + 79 ACP countries) and represented over 1.5 billion people. It was to expire in 2020 but was extended until a new 20-year agreement can be put in place called the ACP-EU Agreement. Negotiations for a new 20-year ACP-EU partnership began in September 2018 and ended April 15 of 2021.
The provisions of the Regional Protocols shall be legally binding on the [EU Party] and on the Parties that are in Africa, the Caribbean and the Pacific, respectively. Nothing in the Regional Protocols and their interpretation and implementation can affect or deviate from the provisions under the General Part of the Agreement and the decisions of the OACPSEU Council of Ministers.
The EU reaffirms its commitment to contribute to the costs associated with the organisation of meetings of joint institutions and to the operating costs of the OACPS Secretariat with regard to the implementation of this Agreement, including its protocols.
Key Contentious Provisions of the Draft Partnership Agreement
General Part of the Economic Partnership Agreement (EPA)
1. Art. 29(5) - The Parties shall support universal access to sexual and reproductive health commodities and healthcare services, including for family planning, information and education, and the integration of reproductive health into national strategies and programmes.
Why Contentious?
African Group SDG Goal 3 Reservation:
“With regard to information and education in the context of sexual and reproductive health services, as referred to under Goal 3 … the African Group does not think that comprehensive sexual education should be included as part of it. First and foremost, parents have the right to choose the type of education to give to their children—a right enshrined in the Universal Declaration of Human Rights, which must be respected.” (See A/69/PV.101)
Advocates of comprehensive sexuality education programs claim that among other things, CSE programs will reduce teen pregnancy and STD infections and that they do not sexualize children.
The topics below are some of the most harmful concepts CSE programs promote to children.
i. CSE teaches children to masturbate.
ii. CSE encourages acceptance and exploration of diverse sexual orientations and gender identities
iii. CSE promotes high risk sexual behaviors (including anal and oral sex) and teaches they are safe.
iv. CSE promotes sexual pleasure and promiscuity as a right for children.
v. CSE promotes abortion as safe and without consequences.
vi. CSE encourages children to experiment sexually with individuals of their own sex or the opposite sex.
vii. CSE claims access to “comprehensive sexuality education” is a human right.
viii. CSE teaches children and youth they are sexual from birth.
ix. CSE promotes condoms to children without informing them of their failure rates.
x. CSE promotes disrespect for parents and religious and cultural values.
xi. CSE promotes sexual counseling, information or services to minors without parental consent.
xii. CSE trains children to advocate for their “sexual rights” in laws and policies.
2. Art. 36(2) - The Parties commit to the full and effective implementation of the Beijing Declaration and Platform for Action and the Programme of Action of the International Conference on Population and Development and the outcomes of their review conferences and commit to sexual and reproductive health and rights, in this context.
Why Contentious?
Most of the Outcomes from the Review Conferences have consistently promoted abortion, sexual and reproductive rights or sexual and reproductive health and rights,
prostitution which they say is sex work, and comprehensive sexuality education
For instance
3.5 “Cultural and religious barriers such as parental and spousal consent ... should never prevent access to family planning, safe and legal abortion, and other reproductive health services – recognizing that young people have autonomy over their own bodies, pleasures, and desires.”
1.8 “To provide non-discriminatory, non-judgmental, rights-based … comprehensive sexuality education”
3.11 “Comprehensive sexuality education should … include information on sexual orientation and gender identities that is free of religious intolerance.”
Recognizing that health is a precondition for economic and social development of Africa and aware that sexual and reproductive health and rights are not only essential to the realization of social justice, but are central to the achievement of global, regional and national commitments for sustainable development; (Pg 6, Para 3)
Also reaffirming the Maputo Plan of Action on Sexual and Reproductive Health and Rights, the Continental Policy Framework on Sexual and Reproductive Health and Rights, the Abuja Actions Towards the Elimination of HIV and AIDS, Tuberculosis, and Malaria in Africa by 2030; (Pg 2, Para 6)
And According to (WHO, 2015) Sexual Health, Human Rights and the Law Sexual and Reproductive Health has proved to be a trojan horse for Abortion, LGBT Rights, and CSE
Africa Regional Protocol of the Economic Partnership Agreement (EPA)
3. Art. 32(2) - The Parties shall cooperate to eliminate preventable maternal, child and neo-natal mortality and morbidity. They shall aim to deliver universal access to sexual and reproductive health services. They shall cooperate to address the growing incidence and burden of non-communicable diseases.
4. Art. 40(6) - The Parties shall commit to the full and effective implementation of the Beijing Declaration and Platform for Action and the Programme of Action of the International Conference on Population and Development and the outcomes of their review conferences. They shall further stress the need for universal access to quality and affordable comprehensive sexual and reproductive health information and education, taking into consideration the UNESCO International technical guidance on sexuality education, as well as the need for the delivery of relevant health-care services.
5. Art. 49(6) They shall promote and encourage the ratification and the effective implementation of the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa and support the effective implementation of the Maputo Plan of Action 2016-2030, as appropriate.
Please note that these documents have proved to promote Abortion, SRHR and CSE as showed below
Article 14.2 (c) “States Parties shall take all appropriate measures to: c) protect the reproductive rights of women by authorizing medical abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health of the mother or the life of the mother or the foetus.”
“The plan is premised on SRHR in its fullest context as defined at ICPD/MPoA 1994 and ICPD+20, taking into account the life cycle approach. These elements of SRHR include Adolescent Sexual and Reproductive Health (ASRH); maternal health and newborn care; safe abortion care.”
“4.3.4 Provide sexuality education for young people in and out of school”
“9.3.7 Develop and/or implement coordination and supervisory structure and mechanism for implementation of SRHR at regional and national levels.”
Implications of Ratifying the EU-ACP Trade Treaty
Parliaments in the African, Caribbean and Pacific states are required to ratify the treaty for it be legally binding, they have upto December 2021.
Ratifying the Treaty in its current form would lead to the automatic legalization of:
- Abortion
- Homosexuality
- Prostitution
- Pornography
- Parental, Cultural and Religious Persecution
- Et.c
What can be done?
- Warn the your legislatures and Heads of States
- Oppose the signature, provisional application, and conclusion of the Partnership Agreement and the Africa Regional Protocol;
- Oppose the ratification of the Partnership Agreement and the Africa Regional Protocol, in accordance with relevant domestic procedures;
- Formulate a conditional interpretative declaration specifying that the meaning of the terms “sexual and reproductive health”, “reproductive health”, “sexual and reproductive health and rights”, “sexual and reproductive health commodities”, “sexual and reproductive health services”, “sexual and reproductive health-care services, information and education” does not include abortion or any other procedures, goods or services that are against national law
- Formulate an interpretative declaration stating that the development and provision of “comprehensive sexual and reproductive health information and education” will be undertaken with full respect for the rights of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions, and that in no way does any reference to the UNESCO International Technical Guidance on Sexuality Education contained in the Partnership Agreement and the relevant Regional Protocol impose an obligation to incorporate comprehensive sexuality education in national school curricula
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